GITARANI DAN Vs. MANIK CHANDRA DAN

JUDGEMENT

(1.) Challenge is to the order dated April 7, 2009 passed by the learned Civil Judge (Senior Division), Suri in Title Suit No.23 of 2005 thereby rejecting an application filed by the defendants under Order 1 Rule 2 read with Order 2 Rule 6 of the Code of Civil Procedure.

(2.) The short fact is that the plaintiffs/opposite parties herein instituted a suit being Title Suit No.23 of 2005 for partition. In that suit, the defendants are contesting by filing a written statement. The suit was at the stage of peremptory hearing. At that time, the defendants/petitioners herein filed an application under Order 1 Rule 2 read with Order 2 Rule 6 of the C.P.C. contending, inter alia, that the suit is bad for misjoinder of parties and non-joinder of causes of action in a single suit. So, they submitted before Court for passing appropriate orders for separate trials in respect of the properties mentioned in the schedule B of the plaint. That application was rejected by the impugned order. Being aggrieved, this application has been preferred by the defendants.

(3.) Now the question is whether the impugned order should be sustained.